Recommendation 48

The effect of clause 20(3) would be to preclude the domestic courts from applying the factors set out by the European Court of Human Rights in case of Othman, which ensures that deportation assurances are not taken at face value but rather are subject to a rigorous assessment of sufficiency by the courts. However, the prohibition on the courts would only apply in relation to fair trial challenges to deportation. It is 118 Legislative Scrutiny: Bill of Rights Bill not clear why the Government has decided to prohibit the assessment of deportation assurances only in the case of Article 6, particularly given that most deportation with assurances cases appear to concern the risk of treatment contrary to Article